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NEWBURYPORT - As residents and city officials consider whether or not the city's wind turbine ordinance needs some changes to protect the interests of residents who live in nearby neighborhoods, Beacon Hill lawmakers have been quietly moving forward with proposed legislation to increase the state's control over permitting wind turbines throughout the commonwealth.
The Wind Energy Siting Reform Act, now in a Senate committee, would put mid-sized wind projects on the fast track for approval by streamlining the permitting process and limiting appeals.
The act would "ensure that such facilities are sited in appropriate locations based on clear, predictable and environmentally protective standards, and streamline the permitting of such facilities at the state and local level, and reduce delays associated with appeals of such permits," according to information provided by the Executive Office of Energy and Environmental Affairs.
Wind energy advocates say the new legislation is big step forward and will help the state meet Gov. Deval Patrick's long-term goal of getting 2,000 megawatts of wind power spinning in the state by 2020.
But others, like Bricher Street resident Patty Spalding, worry that the bill will cut off debate about wind turbine projects at the local level. She's especially concerned that issues, like the ones expressed by Back Bay neighbors over Mark Richey's wind turbine, could be ignored. Some worry that turbine developers might skip over the local authority and go directly to the state board for a permit.
Acting on her own behalf, Spalding has written to the Senate Telecommunication, Utilities and Energy Committee that is reviewing the bill, and to every state legislator. She says the bill unfairly favors the wind industry over the residents of the commonwealth, and Spalding is asking for fair public input into the process.
The state currently has authority over projects generating more than 100 megawatts of power. For comparison purposes, the Richey turbine is a 500-kilowatt windmill, or .05 megawatts, and would not have fallen under the state's jurisdiction.
The proposed legislation would give Massachusetts oversight of wind projects generating at least two megawatts of power in cities and towns yet to be identified as having significant wind resources.
EEA Assistant Secretary for Communications and Public Affairs, RobertKeough, said he was not sure Newburyport would be on that list.
According to the Massachusetts Municipal Association, the law would:
• Include a municipal voice on the Energy Facilities Siting Board to ensure that the board considers any impacts on land-use planning and municipal development, as well as energy considerations
• Allow the development of a single-board process for the permitting of wind facilities, with the participation of a community's land-use boards, to simplify the process while addressing community concerns
• Streamline and set time limits on state permit processes, to avoid projects being held up for years in state permitting or adjudicatory proceedings
The local land-use board would be comprised of a representative from the Conservation Commission, the Planning Board and the Zoning Board of Appeals, Keough said.
The EEA has said several wind-energy projects have been delayed, despite municipal support, because of the cumbersome permitting process.
The Massachusetts Municipal Association "spoke in opposition to a provision in the bill that would have all appeals of local board decisions, as well as state bodies, go to the Energy Facilities Sitting Board. Under current law, appeals of local board decisions go to the judiciary, usually the Superior Court."
The appeal could be on a negative finding by the local board or on a positive one with conditions. The community could similarly appeal the state board's decision, said Keough, in Supreme Judicial Court.
"The provisions for state override are very narrow," he added.
According to Spalding, the Committee on Telecommunications, Utilities and Energy completed its public hearing on the Wind Energy Siting Reform Act at the State House on May 20, and does not plan to hold additional hearings on this legislation.
Meanwhile, the Planning and Development Committee and Committee of the Whole will meet to discuss Newburyport's wind turbine ordinance on July 9 at 7 p.m. in the City Hall auditorium.
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